BILL ANALYSIS Ó
AB 2657
Page 1
Date of Hearing: April 29, 2014
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Anthony Rendon, Chair
AB 2657 (Bloom) - As Amended: April 3, 2014
SUBJECT : Wildlife Habitat Areas; use of anticoagulants
SUMMARY : Prohibits the use of pesticides containing
anticoagulants in wildlife habitat areas. Specifically, this
bill :
1)Prohibits the use of any pesticide in a wildlife habitat area
that contains one or more of the following anticoagulants:
a) Brodifacoum;
b) Bromadiolone;
c) Difenacoum;
d) Difethialone.
2)Defines a wildlife habitat area for purposes of this bill to
include any state or national park, state or federal wildlife
refuge, state conservancy, area designated as critical habitat
for a species listed as threatened or endangered under state
or federal endangered species acts, and lands designated as
habitat for mitigation purposes or that are otherwise
protected by a conservation easement.
EXISTING LAW :
1)Authorizes the state's pesticide regulatory program and
requires the Department of Pesticide Regulation (DPR) to,
among other things, provide for the proper, safe, and
efficient use of pesticides essential for the production of
food and fiber and for the protection of public health and
safety, and to protect the environment from environmentally
harmful pesticides by prohibiting, regulating, or ensuring
proper stewardship of pesticides.
2)Requires the director of DPR to control or otherwise regulate
the use of restricted materials. Prohibits a person from
using or possessing any pesticide designated as a restricted
material for any agricultural use except under a written
permit of the local agricultural commissioner.
3)Prohibits, except as provided by regulation, the possession or
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use of a restricted material by any person except a certified
private or commercial applicator, or someone under the direct
supervision of a certified private or commercial applicator.
4)Designates, through regulations adopted by DPR, pesticides
containing brodifacoum, bromadiolone, difenacoum, and
difethialone, as restricted materials.
5)Prohibits, through regulations adopted by DPR, the use of
brodifacoum, bromadiolone, difenacoum, and difethialone in any
above ground bait more than 50 feet from a man-made structure
unless there is a feature associated with the site that is
harboring or attracting the pests targeted on the label
between the 50-foot limit and the placement limit specified on
the label.
FISCAL EFFECT : Unknown
COMMENTS : The author has introduced this bill to prohibit the
use of second generation anticoagulant rodenticides (SGARs) in
wildlife habitat areas. These products have been identified as
a significant source of deaths and poisonings of non-target
wildlife, especially predatory birds and mammals, in urban and
rural areas in California. This bill follows on recent action
taken by DPR making SGARs restricted materials. Under the DPR
regulations, effective July 1, 2014, these products will no
longer be sold in retail stores, but could still be purchased
from a DPR licensed pest control dealer by a certified private
or commercial applicator. This bill would additionally prohibit
use of these products in wildlife habitat areas, including state
and national parks, state and federal wildlife refuges, state
conservancies, lands designated as critical habitat for
endangered or threatened species, habitat mitigation lands, and
other lands protected by conservation easements. While the
author believes that the regulations put forward by DPR are an
important step toward reducing exposure of wildlife and the
public to SGARs, he believes that additional protections are
needed to protect vulnerable wildlife in state and national
parks and other sensitive areas. The goal of this bill is to
augment the recent restricted use designation of SGARs by
additionally prohibiting use of these products in designated
areas important for wildlife habitat.
The author is particularly concerned with evidence of the
poisoning of bobcats and mountain lions from SGARs. SGARs
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interfere with blood clotting causing massive internal bleeding
that may lead to death. Non-target wildlife and pets can be
exposed to the product directly through ingestion of the poison,
and more commonly by feeding on rodents that have ingested the
poison. SGARs are also known to have sub-lethal effects which
can reduce an animal's resistance to other diseases. Both
bobcats and mountain lions testing positive for SGARs have been
found to be suffering and dying from diseases such as mange that
normally are not lethal in the wild.
In 2011, the Department of Fish and Wildlife (DFW) requested
that DPR designate all SGARs as California restricted materials.
DPR conducted an assessment and determined that exposure and
toxicity to non-target wildlife from SGARs is a statewide
problem in both urban and rural areas. Of the 492 animals
analyzed between 1995 and 2011, approximately 73% had residues
of at least one SGAR. Brodifacoum residues were found in 69% of
animals tested and were found to be likely involved in 13% of
animal mortalities. The presence of other SGARs in lesser
amounts was also found. Animals testing positive for SGARs
included bobcats, mountain lions, coyotes, foxes, skunks, hawks,
crows and owls. DPR also found that exposure to SGARs can lead
to sub-lethal effects that reduce the fitness of wildlife at a
time when they are already facing other challenges. For
example, bobcats were found to be dying of mange, with exposure
to SGARs contributing to the disease process and the mortality
of the bobcats. Manufacturers of some SGAR products such as
d-CON are challenging the DPR regulations in court.
Previous research by DFW and others has also documented the
widespread exposure of non-target wildlife to SGARs, especially
in or near urban areas that border on wildlands. A
peer-reviewed study by DFW published in the year 2000 collected
and analyzed tissue samples from non-target birds and mammals
over a five year period from 1994 to 1999. The results
indicated a high frequency of exposure to brodifacoum and three
other anticoagulant rodenticides. These substances, which are
known as second generation anticoagulant compounds, are more
acutely toxic than earlier rodenticides such as warfarin, with a
single feeding being sufficient for a lethal effect. Non-target
wildlife found to be impacted by exposure to SGARs include
mammals such as raccoons, mountain lions, and bobcats, and
birds such as bald eagles, ravens, owls, red-tail hawks, and
numerous other species. The DFW study tested tissues from 74
animals representing 21 different species and found residues of
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rodenticides in 70% of the mammals and 68% of the birds tested.
Mammals most frequently exposed included coyotes and bobcats.
The two bird species most frequently exposed were golden eagles
and barn owls. Forty-three percent of the animals tested had
hemorrages or other signs of anticoagulant rodenticide
toxicosis.
A study published in the journal PLOS One on Pacific Fishers, an
endangered forest mammal in the weasel family, found 86% were
exposed to SGARs, with 7 confirmed mortalities. SGAR was also
found to be transferred from mother to kit through neonatal or
milk transfer. In other studies 79% of San Joaquin Kit Fox
tested positive for SGARS, and 95% of bobcats.
Recent news articles have also highlighted the toxicity of SGARs
to wildlife, pointing out that ironically, human use of SGARs is
killing natural predator species like hawks, owls and eagles,
which are the very species responsible for helping to keep
rodent populations in check in nature. As one wildlife
rehabilitation center director put it, "we are killing nature's
own rodent control." Around 20 local governments, including the
cities of San Francisco, Calabasas and Malibu, have also
recently enacted, and others such as the city of Davis are
considering, local ordinances prohibiting the use of SGARs in
their jurisdictions.
Proposed Amendment : To address concerns of some about potential
application of this bill to agriculture, the author is proposing
an amendment to narrow the definition of wildlife habitat areas
this bill would apply to as follows:
(b) As used in subdivision (a), a "wildlife habitat area" means
any state or national park, state or federal wildlife refuge, or
state conservancy. area designated as critical habitat for a
species listed as threatened or endangered under the California
Endangered Species Act (Chapter 1.5 (commencing with Section
2050) of Division 3 of the Fish and Game Code) or the federal
Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.),
and lands that have been designated as habitat for mitigation
purposes or are otherwise protected by a conservation easement .
Support Arguments : Supporters note that poisonings have been
documented in at least 25 species of wild animals in California,
with 68% of all wildlife testing positive for SGAR exposure.
Many of the wildlife species impacted are natural predators of
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rodents and the poisoning of these animals contributes to
increased rodent infestation problems. Supporters believe this
bill takes the modest step of protecting wildlife in areas
specifically designated for wildlife habitat. Supporters also
assert there is a wide range of cost effective and superior
alternatives to SGARs available on the market, including
Integrated Pest Management and traps.
Opposition Arguments : None on file.
Double referral : This bill was double-referred to the Assembly
Environmental Safety and Toxic Materials Committee which heard
and passed this bill on April 8, 2014.
REGISTERED SUPPORT / OPPOSITION :
Support
Center for Biological Diversity
Environmental Protection Information Center (EPIC)
Humane Society of the United States
Raptors are the Solution
Sierra Club California
Opposition
None on file.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096